ORDER :

Cr. MP(M) No.2163 of 2019

Having carefully perused the averments contained in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying petition is neither intentional nor deliberate, rather same has occurred on the account of the circumstances, which were completely beyond the control of the applicant/petitioner and as such, delay of 2 years, 9 months and 17 days in filing the petition, which in my considered view has been sufficiently explained, is condoned. The petition be registered. The application stands disposed of.

CRIMINAL REVISION No. 207 of 2021

2. Instant Criminal Revision petition filed under Section 397(1) read with Section 401 of the Code of Criminal Procedure, is directed against the judgment, dated 19.97.2017, passed by learned Sessions Judge, Mandi, District Mandi, H.P., in Criminal Appeal 41 of 2016, affirming the judgment of conviction dated 12.08.2016 and order of sentence dated 19.08.2016, passed by learned Judicial Magistrate, 1st Class-IV, Mandi, District Mandi, H.P., in Complaint No.87-III/15/09, whereby learned trial Court while holding petitioner-accused guilty of having committed an offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for 15 days and to pay fine of Rs.15,000/- to the complainant.

3. Precisely, the facts of the case as emerge from the record are that the respondent (for short ‘complainant’) filed a complaint under Section 138 of the Negotiable Instruments Act (for short ‘Act’) in the Court of learned Judicial Magistrate, 1st Class-IV, Mandi, District Mandi, H.P., alleging therein that accused with a view to discharge his legal liability towards complainant issued cheque (Ex. CW1/A), amounting to Rs.10,000/- on 4.8.2009 of account of No.0101070828 of Punjab National Bank, Branch Baggi, Tehsil Sadar, District Mandi, H.P. However, fact remains that aforesaid cheque on its presentation to the bank concerned was dishonoured on account of insufficient funds. Bank concerned returned the cheque vide memos Ex.CW1/B and Ex.CW1/C. After receipt of aforesaid memos, complainant issued legal notice dated 22.09.2009 Ex.CW1/D, whereby he called upon the accused to make the payment good within the period of 15 days after receipt of notice. Since accused failed to repay the amount within the time stipulated in the legal notice, complainant approached the competent court of law by way of complaint under Section 138 of the Act.

4. Learned trial Court on the basis of the evidence adduced on record by the respective parties, held accused guilty of having committed the offence punishable under Section 138 of the Act, and accordingly convicted and sentenced him as per the description given hereinabove.

5. Being aggrieved and dissatisfied with the aforesaid judgment of conviction and order of sentence recorded by learned trial court, present petitioner-accused preferred an appeal in the Court of learned Sessions Judge, Mandi, which also came to be dismissed vide judgment dated 19.07.2017, as a consequence of which, judgment of conviction and order of sentence recorded by learned trial Court came to be upheld. In the aforesaid background, petitioner has approached this Court in the instant proceedings, praying therein for his acquittal after quashing and setting aside the impugned judgments and order passed by learned Courts below.

6. Having heard learned counsel representing the parties and perused the material available on record, this Court finds no force in the submission made by learned counsel for the petitioner-accused that learned courts below have failed to appreciate the evidence in its right perspective, rather this Court finds from the record that complainant has successfully proved on record that accused had issued cheque Ex.CW1/A, amounting to Rs. 10,000/- with a view to discharge his legal liability, but same was dishonoured on account of